Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193 -- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4 -- Application for removal of name of accused from charge sheet - Beant Singh Murder case - Merely because period of 22 years elapsed after the incident and accused succeeded in avoiding his arrest for a considerable long period, is no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Drugs and Cosmetics Act, 1940, Section 27(d), 28A, Criminal Procedure Code, 1973, Section 482, 468 -- Cognizance of offence - Quashing of order - Offence u/ss 27(d), 28A IPC - Delay of more than 4 years in filing complaint - While taking cognizance, Magistrate did not take into consideration delay in institution of complaint - Even, complainant failed to explain the delay..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 324, 325, 342, 354, 427, 379, 148, 149 -- Quashing of complaint - Complaint alleged that accused persons forcibly entered into his house and they were armed with daangs and gave daang blow on head and other parts of body and as soon as his wife came to rescue him, accused persons torn..........
Prohibition of Child Marriage Restraint Act, 2006, Section 10, 11, Criminal Procedure Code, 1973, Section 482 -- Child marriage - Quashing of FIR - No allegation that petitioners either solemnized marriage of their children or promoted solemnization of marriage of their children - Rather, petitioners were protesting against marriage of their children - Both the children..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - Respondent has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 148, 149, 323, 342, 452, 506 -- Quashing of complaint - Application before SHO makes clear that incident of beating by petitioners to respondent, had taken place on 30.11.2008 - Complaint filed by respondent has shown incident of beating to him by petitioners as on 01.12.2008 - M.L.R. proved by..........
